ML20247R831
| ML20247R831 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/1989 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Tahkeal W YAKIMA INDIAN NATION |
| References | |
| REF-WM-3 NUDOCS 8910020083 | |
| Download: ML20247R831 (4) | |
Text
_ __ , _
, y ,
1 1
1 SEP 1519ff I
YIN 9-89 1
Mr. William Don Tahkeal, Chairman Radioactive and Hazardous Waste Committee Yakima Indian Nation d Post' Office Box 151, Fort Road, !
Toppenish, Washington 98948 ]
l
Dear Mr. Don Tahkeal:
Thank you for your letter dated August 18, 1989 transmitting the Yakima !
Indian Nation (YIN) comments on the Nuclear Regulatory Commission (NRC) approach for classifying the waste presently stored in the Hanford ,
double-shell tanks. Your letter contained three specific comments that I j would like to address in order. !
i
- 1. NRC Involvement at Hanford Our involvement at Hanford must be consistent with the responsibilities and authority assigned to NRC by law. As you know, for defense activities, NRC authority is limited to facilities for the disposal !
of high-level waste (HLW). In the past, we have made inquiries to i determine whether NRC has jurisdiction under Section 202(4) of the j Energy Reorganization Act, 42 U.S.C. 5842(4). Having done this, :
however, and having concluded on the basis of the representations !
made by the Department of Energy (DOE) that the fraction of double-shell tank waste that is to be grouted is not HLW, there 4 would be no basis-for our undertaking a continuous oversight role. l While we are unable to assume such a role, we will request certain i information from DOE to assure that the waste being grouted are not HLW. ;
Given the uncertainties in the composition and radionuclides
't inventory of waste to be grouted, we support DOE's plans (page 4 of j l
enclosure to DOE's March 6, 1989 letter) to sample and analyze all ,
l- grout feeds before they.are processed. In addition, DOE's enclosure l provides an estimate of the total activity of key radionuclides to j be grouted (Table 1), and indicates that the concentration of these ,
radionuclides in grout will not exceed the 10 CFR Part 61 Class C i limits. With this information, it should be possible to confirm that' the inventory and concentration of key radionuclides to be i grouted are within the limits proposed by D0E. The staff is i E requesting that DOE provide copies of this analytical data to NRC, as well as other affected parties, in a timely manner. NRC will consider this information and take appropriate action, if :
necessary.
/0 e,1occ =ooeg s,092s g nc . ,j,g
, uqg
- _ - _ _ - _ _ _ - _ _ - Jan-L
1 1
YIN 9-89
- 2. Minimize the Fraction of Waste Disposed On-site NRC recognizes the Yakime Indian Nation's concern for minimizing the fraction of radioactive and mixed wastes committed to on-site !
disposal. As you know, we have met with DOE on several occasions over the past year to discuss the classification of waste in the double-shell tanks. Our objective in these neetings has been to establish that the HLW fraction is separated for disposal in a deep geologic repository. As a result of this interaction, DOE now proposes to remove an additional six million curies of cesium from the fraction of double-shell tank wastes to be grouted. In our view, this commitment is consistent with the YIN goal for minimizing the fraction of waste disposed of on-site.
- 3. Classification of Waste and Solicitation of Public Comment We agree with your statement that the disposal of double-shell tank wastes represents a major technical and political challenge for the Hanford waste management and environmental restoration effort. We also believe that DOE's proposal provides a technically sound strategy for classifying and disposing of the double-shell tank waste.
With regard to your reference to public comment, we have given careful consideration to this point. We are declining to seek additional public comment for three reasons. First, the issues with respect to our licensing role have been raised in public forums repeatedly over the past several years. We articulated our concerns about licensing during DOE's NEPA process, and we are aware that such concerns were raised by other commenters. NRC extended further opportunities for review of its approach both in recent rulemakings and in the meeting notices and minutes that were distributed from time to time. Second, in our view, the DOE plans regarding the classification of waste have already been considered by DOE in their Environmental Impact Statement (EIS) (D0E/EIS-0113, December, 1987). The volumes, concentrations, and other characteristics of wastes to be grouted are essentially the same as those presented in DOE's EIS. Third, the issues you are raising are essentially matters of legal interpretation---as to the proper construction of terms in the Energy Reorganization Act---rather than matters involving the exercise of discretion in carrying out delegated responsibilities.
YIN 9 89 In summary, I wish to thank you for your comments on this matter, and stand ready to consult with the Yakima Indian Nation in the future. If you should have any questions or comments about this letter, please contact me or Dr. Michael J. Bell, Chief, Regulatory Branch, of uly staff at (501) 492-0560.
Sincerely, gilgn@ Robed WL Bernem Robert M. Bernero, Director Office of Nuclear Materials Safety and Sa.'eguards cc: Terry Husseman WA Department of Ecology Jeff Breckel Oregon / Washington Liaison Ron Gerton U.S. Department of Energy Distribution: NMSS 8900483 Centrabfije:f t/c6 NMSS r/f LLRB r/f CGlenn RBoyle~ MBell JGreeves RBangart Directors r/f JLepre CJenkins LLRB t/f DFehringer RVirgilio DKunihiro MBridgers PDR Yes / No / / Proprietary or CF Only / / <
ACNW Yes No / /
SUBJECT ABSTRACT: CLASSIFICATION ALD DISPOSAL OF HANFORD DOUBLE-SHELL TANK WASTES
- See Previous Concurrence NLO = (no legal objection)
W C :LLRB* :LLRB* :LLRB* :HLWM* :GPA* :0GC* :0GC*
NAME:CGlenn/es :RBoyle :MBell :RBrowning: :JWolf : NLO DATE:09/12/89 :09/12/89 :09/12/89 :09/13/ 9/15/89 :09/15/89 :09/14/89 0FC :LLWM* :LLWM* :N S, :NMSS NAME:JGreeves :RBangart ot'to :RBernero :
DATE:09/15/89 :09/15/89 / 89 : f /4'/89 :
0FFICIAL RECORD C0F(
- s. i Y, '
YIN 9-89 In summary, I wish to thank you for your comments on .this matter, and stand ready to consult with the Yakima Indian Nation in the future. If
- you have questions concerning this letter, please do not' hesitate to contact me on (301) 492-3352, or Michael Bell of nty staff on (301) 492-0560.
/
Sincerely,
' /
/
/
/RobertM.Bernero, Director
' Office of Nuclear Materials Safety
[ and Safeguards
/
cc: Terry Husseman- /
WA Department of Ecology /
l Jeff Breckel Oregon / WashingtononLiajs/
Ron Gerton /
Department of Energ/
/
- l. Distribution: NMSS 8900483 i l Central File f / NMSS r/f LLRB r/f CGlenn RBoyle HBell/ JGreeves RBangart Directors r/f JLepre CJenkins LLRB t/f DFehringer RVirgilio ;
DKunihiro MBr 'dgers !
PDR Yes No // Proprietary or CF Only / /
ACNW Yes No / / ,
l SUBJECT ABSTRACT: CLASSIFICATION AND DISPOSAL OF HANFORD DOUBLE-SHELL TANK -ASTES
, f go kidYhtLN
_[ . _b _[ ..[ .. b_ [ .... 4 NAME:CGlenn/Es :RBoyle
._[ fd)ld...[
- MBel :RB ing d:JWold h_[ [ T[f/3V I
DATE: f /s&/89 : h///89 j //2-/89 :7/p'89:$t$/89:q/p'/89: 9/////89 FC TI.<4 :LLWh :NM55 :NMSS :
NAME:JGrhe
............,...._'n :v:RBaht GArlotto PBe nero__..............___... .................__..____..___.. __
DATE:/(/g/89 :gf[G89: / /89 : / /89 :
OFFICIAL RECORD COPY L _. _. _ ____________________ _ _ _ __